Public Bill Committee

[Martin Caton in the Chair]
Written evidence to be reported to the House
PF 87 Unlock

New Clause 5

‘(1) The Secretary of State shall appoint a Commissioner to be known as the Privacy Commissioner (referred to in this section as “the Commissioner”).
(2) It shall be the duty to the Commissioner to promote respect for individual privacy and data protection.
(3) The Commissioner shall have all the duties and functions set out in—
(a) section 51 of the Data Protection Act 1998 (Data Protection Commissioner),
(b) section 57 of the Regulation of Investigatory Powers Act 2000 (Interception of Communications Commissioner),
(c) section 91 of the Police Act 1997 and section 62 of the Regulation of Investigatory Powers Act 2000 (Chief Surveillance Commissioner),
(d) section 20 of this Act (Commissioner for the Retention and Use of Biometric Material), and
(e) section 34 of this Act (Surveillance Camera Commissioner).
(4) The Commissioner shall have all the powers which attach to the offices set out in subsection (3).
(5) The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public about any matter within the scope of his functions under this Act, and may give advice to any person as to any of those matters.
(6) Any reference in any enactment, instrument or other document to a person carrying out the duties and functions set out in subsection (3) shall be construed, in relation to any time after the commencement of this section, as a reference to the Commissioner.
(7) Any appointment made to any of the offices set out in subsection (3) is hereby terminated.’.—(Mr Watson.)

Brought up, read the First time and Question proposed this day, That the clause be read a Second time.

Question again proposed.

James Brokenshire: This is the Committee’s final sitting. We are debating new clause 5, tabled by the hon. Member for West Bromwich East, which proposes the creation of a new, overarching privacy commissioner, to combine several of the existing bespoke statutory commissioners. He will not necessarily be surprised by the response that he is likely to get. Despite his strong and clear arguments and the strength of his delivery, unfortunately the Government are not minded at this stage to accede to his proposal of having a single privacy commissioner. I note that Members on his own Front Bench similarly indicated that they might not be persuaded.
However, the hon. Gentleman identified some interesting points relating to the role of individual commissioners and how we need to ensure clarity in the roles of individual commissioners and appropriate tie-up between them. Some of the points that we debated just before lunch have been echoed in comments made on other provisions in the Bill. I remain to be persuaded of the practical benefits of creating a single privacy commissioner at this stage; indeed, I anticipate numerous potential disadvantages.
Each of the commissioners listed in subsection (3) of the clause works in specialist technical areas that require extensive knowledge of relevant legislation and procedures. Although the work that some of the commissioners do can be related, it can also be quite distinct. We would not want to dilute that expertise by rolling up all the roles and responsibilities into a super-privacy commissioner. In particular, I would be concerned about badging all those functions under the umbrella of a privacy commissioner, as the Information Commissioner plays a key role in ensuring not only that personal data are properly protected but that information is freely available to the public. I will return to that point.
The various commissioners listed in the new clause certainly have some areas of common interest. Equally, as I have said, they also perform distinct roles. To take as an example the two new commissioners created by the Bill, the functions proposed for the new commissioner for the retention and use of DNA are very different from those envisaged for the surveillance camera commissioner. One will examine individual cases to assess whether it is appropriate to retain a person’s DNA profile and fingerprints where they have been arrested but not charged with a qualifying offence or where a national security determination has been made; the other has a more strategic remit to keep the surveillance camera code of practice under review and encourage compliance with the code.
Although some elements of both roles could, loosely, fall under the privacy banner, there is little other common ground between them, although, as we heard earlier, the surveillance camera commissioner may have an interrelationship with the Information Commissioner. I acknowledge that there is common ground between those two commissioners, but even the Information Commissioner highlighted in his evidence to the Committee that his consideration of CCTV is limited to the sphere of data protection, and that therefore, his office is not concerned with the effective use of cameras. He did not see that as a hindrance or a problem. Instead, he indicated that the separation of roles could be advantageous, stating that
“if you are specifically identified as Mr Privacy and expected to come down on the privacy side all the time, it is difficult to make judgments about the release of official information”.––[Official Report, Protection of Freedoms Public Bill Committee, 24 March 2011; c. 97, Q4.]
There are different roles across the landscape, and I doubt whether a single individual could provide adequate oversight in any given area. The issue was raised of whether it might save costs, with streamlining or efficiencies that could be adjudged. That might not be achieved in any event, because a number of deputy commissioners would fulfil the role of the commissioners as currently stated, but with a further commissioner on top of them. There would not necessarily be those cost savings, but there would be a substantial cadre of support staff to oversee the areas currently under the remit of different individuals. Such a body would be unwieldy, and in all probability would have less influence and impact than the existing commissioners operating in niche areas. The argument is a fair issue for consideration, but my concern is that creating an overarching privacy commissioner might denude or water down some of the experience, expertise and knowledge that is contained in some of the existing commissioners.
We can take the interception of communications commissioner as an example of the specialist knowledge required. The commissioner provides oversight of the intelligence agencies and the law enforcement authorities by keeping under review their use of interception powers and their powers to acquire communications data. The commissioner’s powers to require disclosure of highly classified information by the intelligence agencies and others mean that the post is highly sensitive and specific and could not be amalgamated, without considerable difficulty, with a range of other unrelated commissioner functions. Indeed, the question of what oversight should be provided for the intelligence agencies is addressed in a Green Paper on justice and security, which will be published shortly.
Similar considerations apply to the chief surveillance commissioner, who oversees public authority use of covert surveillance, property interference and human intelligence sources. The specialist functions performed by his team include prior approval by senior judiciary of the most invasive techniques, and inspection of how some technical specialist equipment is deployed. In view of all those considerations, it is doubtful that a single privacy commissioner could provide adequate oversight of each complex area without compromising aspects of their remit or expanding their office to such an extent as to negate the purpose of the amalgamation.
Where there are linkages between the roles of the different commissioners, we will seek to avoid duplication, and we have, in fact, sought to do that already by combining the role of the forensic science regulator with that of the surveillance camera commissioner—the Committee will be aware that the forensic science regulator, Andrew Rennison, is currently the interim CCTV regulator.
I have acknowledged that there will be related interests across this important area, and I am confident that the commissioners are capable of working together where necessary. We clearly need to avoid overlaps and confusion among the commissioners and the public, including addressing the point about knowing where to go and ensuring that people are able to obtain appropriate support and advice.
In the testimonies of the Information Commissioner and the interim CCTV regulator, both of whom appeared before the Committee, we heard that individual commissioners are adept at establishing and maintaining effective working relationships so that they can complement rather than duplicate each other’s work, and I have no doubt that that will continue to be the case. We will naturally keep the landscape of commissioners under review, but as I have indicated, for now at least I am not persuaded of the case for a single privacy commissioner.
It is fair, right and proper that the Committee has had the opportunity this afternoon to consider some of the issues in this emerging, changing landscape. A challenge was set out: “Do you know what will happen in 10 years’ time?” We cannot predict what the landscape will be like in 10 years’ time, but some of the legal issues that have been highlighted—the data protection directive and the Data Protection Act—are technology-neutral. The law is neutral in so many ways, in terms of the technology that may be used that may need to rely upon it. We clearly need to continue to focus on the issues and keep them under review, and the debates that we have had in Committee, including the one this morning on a privacy commissioner, are helpful.

Tom Watson: Mr Caton, good afternoon, Sir.
Throughout the Bill, and particularly on these new clauses, the Minister has distinguished himself by putting his arguments succinctly and clearly. I find less persuasive his devilishly complex reason why my new clause 5 is not convincing, but I will take his word for it.
I will leave the Minister with two things. First, his argument about financing is totally unconvincing, and it is easily possible to save money by merging five institutions with fixed costs. We are not Treasury Ministers, however, and I will not beat about the bush with him. Secondly, he said that we could not predict what would happen in 10 years’ time. I think he will be around in 10 years’ time, and I would like to predict that a very bright, inventive Home Office Minister will move a clause to the effect that we have a plethora of commissioners and it is time that we rationalised them, because there is no coherence and citizens do not know where to go to. Having said that, making the call on such a clause would be way above his pay grade. Arguing the case for it is way above mine, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 7

‘(1) Where a facility for parking on private land is made available to the public, or a specific group of persons, due warning of the terms and conditions for that parking will be prominently displayed, as a minimum, at all entrances. This must include, but is not limited to, the following:
(a) notice of the ban on clamping, towing and immobilisation to highlight that it is now a criminal offence,
(b) the hours during which parking is permitted,
(c) any restriction on who is permitted to park,
(d) any restriction on the length of time parking is permitted,
(e) whether any additional consideration is extended to disabled drivers displaying a blue badge,
(f) the cost, if any, of parking and any charges made for breach of parking conditions,
(g) the manner in which drivers will be informed of any breach of parking conditions,
(h) the full name and contact details, including a geographical address for the business offering the contract to park.’.—(Mr Watson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 7, Noes 8.

Question accordingly negatived.

New Clause 12

‘(1) The Secretary of State must establish an independent inquiry into the use of investigatory powers under the Regulation of Investigatory Powers Act 2000.
(2) The inquiry will examine in particular the use of directed surveillance and possible limits to its use.
(3) The inquiry will examine possible exemptions to the Act relating to the under-age sale of alcohol and tobacco and anti-social behaviour.
(4) Recommendations from that enquiry shall be reported to Parliament.’.—(Diana Johnson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 7, Noes 8.

Question accordingly negatived.

New Clause 13

‘(1) A person commits an offence who, without lawful authority, requires a driver or any person in possession of a vehicle to pay parking charges in relation to a contract to park that vehicle.
(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to enter into a contract regarding parking is not lawful authority for the purposes of subsection (1).
(3) Subsection (2) does not apply where—
(a) the person or body attempting to enforce the parking charges is a member of an Accredited Trade Association so accredited by the Secretary of State, and
(b) the penalty charge can be appealed to an independent body as set out in section 56(2), and
(c) the person or body attempting to enforce the parking charges takes reasonable steps to inform the driver or keeper of the vehicle about the right to appeal.
(4) The Secretary of State can, by way of regulation, introduce a maximum charge, under which parking charges would not be subject to subsection (1).
(5) A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(6) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to a fine,
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(7) In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.’.—(Diana Johnson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 7, Noes 8.

Question accordingly negatived.

New Clause 14

‘After section 6 of the Safeguarding Vulnerable Groups Act 2006, insert—
“(6A) A regulated activity provider must, in exercising their functions under this Act, have regard to any guidance given to them for the purpose by the Secretary of State.”’.—(Diana Johnson.)

Brought up, and read the First time.

Diana Johnson: I beg to move, That the clause be read a Second time.
Having come so tantalisingly close to getting a concession out of the Government, I hope that they may feel able to support new clause 14. I shall read out the groups that are backing the new clause: the NSPCC, Action for Children, Ambitious about Autism, the Children’s Commissioner, Children England, the Children’s Society, ECPAT UK, Fair Play for Children, the Sport and Recreation Alliance and the scouts.
New clause 14 recognises the complicated nature of the vetting and barring arrangements that we have spent many hours discussing over the past few weeks. It recognises that the complicated nature of those arrangements means that when employers and other organisations want to look at the whole area, they would benefit from having clear and consistent guidance to help them to understand what their responsibilities are. I know the Minister is keen that employers and voluntary sector groups take their responsibilities seriously. The provision of statutory guidance would assist them greatly in being able to comply with and fully understand the law, and to implement the rules appropriately and properly.
We have discussed primary legislation at length. We have the broad thresholds for the scheme and we know that controlled activity is being removed and that regulated activity is being defined in a different way. However, a lot more detail needs to be set out to ensure that the scheme can be applied effectively. Statutory guidance would set out in detail the issues that employers and other groups are concerned about.
First, on the definition of regulated activity, guidance could clarify issues such as what counts as regular day-to-day supervision—the Minister will recall that we had a lengthy debate about that—and what counts as work carried out on a temporary or occasional basis. On referrals, guidance could set out in clear detail the situations in which employers should refer concerns to the Independent Safeguarding Authority and to the police. On checking and validating checks, guidance could clarify how often employers should check their employees and how new checks would be conducted for people who are already in post.
The proposal would introduce a new clause setting out clearly the statutory guidance that would be provided by the Home Secretary. The clause would amend the Safeguarding Vulnerable Groups Act 2006 and would require organisations that provide regulated activity to have regard to the statutory guidance. Section 6 of the 2006 Act defines regulated activity providers. This additional requirement could be added specifically after that clause. I am hopeful that, in light of all the organisations that are backing the new clause, the Minister will believe it is appropriate to let it through as a concession to the Bill.

Lynne Featherstone: The hon. Lady is right that a key part of the intention behind the Bill’s provisions is to give employers more responsibility and flexibility in using the improved vetting and barring arrangements to protect the public. The Safeguarding Vulnerable Groups Act 2006 will continue to set out a clear set of legal obligations that regulated activity providers will have to adhere to. The functions and obligations are already clearly set out in the 2006 Act. For example, providers must adhere to rules concerning who they can employ in regulated activity, the checks they must make on such persons and the information they must provide to the Independent Safeguarding Authority.
I very much take the new clause in the spirit in which it is meant because we are all looking out for the best interests of children and vulnerable adults. As I indicated when we were considering part 5, I recognise the need for guidance to employers on several aspects of the new arrangements. As the hon. Lady said, guidance will be needed to explain the revised scope of regulated activity, and to provide advice on which specific roles fall within that definition. Guidance should be offered on using the various routes to determine whether a particular individual is barred. I reiterate what I said to the Committee on 3 May and again on 10 May: it is our firm intention to provide such guidance. The important point is that such guidance is widely available, but whether it is statutory or non-statutory is a secondary consideration.
As I understand, the argument is about whether guidance should be made statutory, but I point out to the hon. Lady that it is non-statutory under the current system. Given that the system is being improved and simplified, I am unclear why the Opposition have switched to wanting statutory guidance. I accept that there may be a case for creating a statutory provision for some parts of the guidance in order to give it additional weight and to reinforce that by placing a duty on employers to have regard to it. I very much hope that for all those involved in safeguarding children, it will make no difference whether or not the guidance is statutory, such is their responsibility in the field. I undertake to consider the issue further with an open mind before Report, although I emphasise that I can make no commitment to table a Government amendment on the issue. On that basis, I hope that the hon. Lady will be willing to withdraw the new clause.

Diana Johnson: I thank the Minister for agreeing to look at the issue again. Bearing in mind the groups that have put their name to the new clause and indicated their support, the Government must recognise that very clear guidance should be produced to ensure that everybody involved in the vetting and barring scheme properly fulfils their obligations and responsibilities. I hope that the Minister will consider seriously the need for statutory guidance in light of the range of groups that are asking for it. I will withdraw the new clause, but if a Government amendment is not forthcoming, I will retable it on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 15

‘The Independent Safeguarding Authority has a duty to share information with the Police where—
(a) the information is such that the Chief Executive of the ISA feels that a criminal investigation is appropriate, or
(b) the information is credible and reliable and suggests that an individual poses a real threat to vulnerable groups, or
(c) the information has led to a person being barred, or
(d) the information is such that it would lead to a person being barred were the ISA to have reason to believe that the individual may work in a regulated activity in the future.’.—(Diana Johnson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 7, Noes 9.

Question accordingly negatived.

New Clause 17

‘(1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
(2) In Schedule 4, paragraph 3, subsection (1)(a) after “exclusively or mainly for the provision of full-time education to children;”, insert “including further education colleges as defined under the Further and Higher Education Act 1992.”.’.—(Diana Johnson.)

Brought up, and read the First time.

Diana Johnson: I beg to move, That the clause be read a Second time.
The new clause would amend the Safeguarding Vulnerable Groups Act 2006 under the section dealing with establishments. Under the Act, the provisions on vetting and barring will apply exclusively or mainly to the provision of full-time education to children. The new clause would add that such ruling includes further education colleges as defined under that Act and would ensure that activity within colleges falls under the scope of regulated activity. It would marry the position with schools where the establishment is recognised as one where regulated activity takes place and thus the vetting and barring procedures would apply. It would give the same protection to colleges.
During the debate on the Education Bill, the Minister for Further Education, Skills and Lifelong Learning said that
“we believe that all students under the age of 18 should be treated equally, regardless of where they study. Their parents should have the assurance that their children receive the same safeguarding in colleges as they enjoy in schools.”––[Official Report, Education Public Bill Committee, 10 March 2011; c. 306.]
Figures show that 831,000 16 to 18-year-olds choose to study at colleges compared with 423,000 in maintained schools, academies and city technology colleges, and that 74,000 14 to 15-year-olds are enrolled at a college; 4,000 on a full-time basis and 70,000 on a part-time basis. So we are talking about significant numbers of young people. The Minister will recall that earlier in our debates on vetting and barring, the Government tabled an amendment, which the Opposition supported, to ensure that the vetting and barring procedures covered 16 and 17-year-olds because that was not originally in the Bill. On that basis, we tabled the new clause, which would be helpful to the Government and would do what the Minister for Further Education, Skills and Lifelong Learning set out in the debate on the Education Bill.
The key issue for colleges is that they want to ensure that young people in a college environment are protected and safeguarded exactly the same as, say, sixth-formers in a school setting. Colleges can currently receive information about whether an individual is barred in respect of all relevant job applications, including applications for controlled activity as well as regulated activity. We know now that controlled activity under the Bill will no longer exist as a separate identifiable category, so it is only about regulated activity.
Colleges say that to ensure that they are doing everything necessary to safeguard and protect young people within the college environment, they must have access to barring information for posts that would currently fall under controlled activity to ensure that they do not knowingly employ a barred person in any type of work that would bring that person into regular contact with a young person. We want it made clear that the vetting and barring scheme will apply to colleges to ensure that they offer the same level of protection as young people will have in schools. The new clause would be helpful to ensure the clarity that all members of the Committee want to see in the vetting and barring scheme.

Lynne Featherstone: I have made it clear in earlier debates that the Government totally recognise that it is of paramount importance that unsuitable people do not exploit opportunities to build the close and trusting relationships with children that can exist within educational establishments. However, in ensuring that sufficient levels of protection are given, we must be careful that the requirements are not so broad as to place unnecessary burdens on organisations and individuals.
The hon. Lady quoted my hon. Friend the Minister for Further Education, Skills and Lifelong Learning, but I ask the Committee to consider the context in which my hon. Friend made that remark: a debate on the use of powers to search students for illicit objects. His use of the word “safeguarding” was specifically in connection with the Education Bill, and I ask hon. Members to return to the Bill we are considering. I did not want that challenge to continue unmet, given the context in which my hon. Friend made the remark.
Although the Government are making a range of changes to safeguarding arrangements, we are retaining the requirement that all paid teaching and non-teaching staff in educational establishments that exclusively or mainly provide full-time education to children—including in the further education sector—must undergo a barred list check as part of the pre-employment check. In addition, the unsupervised teaching, training, instruction, care or supervision of children in FE institutions will remain a regulated activity even when such institutions provide education mainly to adults.
The drafting of the new clause is ambiguous, as it could include within the definition of regulated activity all work carried out by staff in FE colleges that provide education to children, when such staff have the opportunity for contact with children.
 Diana Johnson  indicated assent.

Lynne Featherstone: The hon. Lady nods. So far, we agree.
Currently, if work of that nature does not fall within the scope of regulated activity, it will fall within the definition of controlled activity—a type of activity that, as we have heard many times, is ancillary to work in regulated activity. As the hon. Lady said, controlled activity is to be abolished under the Bill, together witharrangements made by the previous Government that require certain checks to be carried out on people working in a controlled activity.
We believe that it is disproportionate and unnecessary to require such individuals to be subject to the same level of checks as those working in institutions wholly or mainly for the full-time education or care of children; for example, primary schools or nurseries. The Government do not consider it proportionate for the state to require or allow barred list checks on activities that are currently controlled activities. Such activities generally entail only incidental contact with children, or work that is ancillary to or supports others; for example, those who teach or look after children in an establishment that does not exclusively or mainly teach or look after children. They could include cleaners or receptionists at further education institutions where most students are adults and only a few are children.

Diana Johnson: I realise that in the school environment, caretakers should always be subject to the vetting and barring procedures—as we all remember from the example of Ian Huntley. Is the Minister saying that in a college where there may be 14 and 15-year-olds as well as 16 and 17-year-olds, the caretaker would not be subject to the vetting and barring procedures?

Lynne Featherstone: If the caretaker has unsupervised activity in regular contact with children, it would be regulated. If the caretaker does not have regular contact, it is not a regulated activity and will not be subject to the barred list.

Diana Johnson: I understand that, but the answer to a question that I posed the Minister was that caretakers in school would be covered in all circumstances by the vetting and barring scheme. I want to be clear that a caretaker in a college where there may be children aged 14, 15, 16 or 17 years old would not be covered by regulated activity. Is that correct?

Lynne Featherstone: That is my understanding.
The use of the phrase “exclusively or mainly” in paragraph 3(1) of schedule 4 to the 2006 Act ensures that any establishment providing full-time education wholly or mainly for children will fall within the scope of regulated activity. It is important to note that this includes not only primary or secondary schools but other educational institutions that provide full-time education to those under the age of 18. That therefore includes any further education college where most students are children receiving full-time education.
There has been doubt, in some instances, about exactly what “mainly” means in the context of further education institutions. The Government accept the need to provide clear guidance on that and on the practical application of the phrase “exclusively or mainly”. However, we are committed to allowing the sector flexibility in making a determination as to whether a college is “mainly” for children and we recognise that such a decision will be based on more than just paper-based evaluation of the numbers of students who are under 18. We trust colleges to make an appropriate determination of their core purpose and would not wish either to legislate or set guidance in such a fashion as to restrict their flexibility. We have long-standing relations with the main representative groups in the further education sector and will be working closely with them to ensure that the guidance meets the needs of the sector.
I reiterate that we are aiming to prevent unsuitable people from gaining access to children in educational settings, but in creating legislation to protect them, we do not want inadvertently to bring into scope those who do not work with children. In communication with the Association of Colleges with regard to the provisions, it said that it had considered a number of ways to address the issues. One would have been to ask that controlled activity be reinstated, but it did not think that was necessary if the definition of regulated activity sufficiently covers all workers in further education who come into regular contact with children.
The association went on to say that it did not want all colleges automatically defined as regulated establishments or specified places. It interprets the relevant section of the 2006 Act as allowing colleges to decide for themselves whether they are mainly providing education to children. Colleges would base such an assessment on the student populace on the site during core business hours when the majority of staff were also there.
Let me further clarify the point that the hon. Lady made. If the further education college is providing education wholly or mainly for children, the caretaker would be carrying out regulated activity. It is only in colleges where the main activity is not the teaching, care or supervision of children that a caretaker would not be carrying out regulated activity.
The new clause lacks the necessary precision and I hope that the hon. Lady will agree that the current requirements, supported by additional guidance, are a more appropriate means of ensuring that only work in further education colleges whose core purpose is the education of children will fall within the scope of regulated activity. On that basis, I hope that she will be willing to withdraw the motion.

Diana Johnson: It concerns me that the definitions of “exclusively or mainly” and “full-time” will prove problematic for institutions when deciding about regulated activity and their responsibilities. The clearest way of dealing with the problem is to set out very clearly in legislation that any institution providing education as colleges and schools do should be treated in the same way in terms of safeguarding and protecting children and young people. On the basis of what the Minister said and my concern about the confusion that the provisions are open to, I should like to test the view of the Committee.

Question put, That the clause be read a second time.

The Committee divided: Ayes 7, Noes 9.

Question accordingly negatived.

New Schedule 1

Restriction of scope of regulated activities: children
1 (1) Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)) (regulated activity relating to children and the period condition) are amended as follows.
(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “except in the case of activities falling within sub-paragraph (1A),”.
(3) After paragraph 1(1) insert—
“(1A) The following activities fall within this sub-paragraph—
(a) relevant personal care, and
(b) health care provided by, or under the direction or supervision of, a health care professional.
(1B) In this Part of this Schedule “relevant personal care” means—
(a) physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),
(b) physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—
(i) toileting (including in relation to the process of menstruation),
(ii) washing or bathing, or
(iii) dressing,
(c) the prompting, together with supervision, of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
(d) the prompting, together with supervision, of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
(e) any form of training, instruction, advice or guidance which—
(i) relates to the performance of the activity of eating or drinking,
(ii) is given to a child who is in need of it by reason of illness or disability, and
(iii) does not fall within paragraph (c), or
(f) any form of training, instruction, advice or guidance which—
(i) relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),
(ii) is given to a child who is in need of it by reason of age, illness or disability, and
(iii) does not fall within paragraph (d).
(1C) In this Part of this Schedule —
“health care” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(1D) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.”
(4) In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “any work falling within sub-paragraph (2A) or (2B)”.
(5) After paragraph 1(2) insert—
“(2A) Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—
(a) is undertaken in pursuance of a contract for the provision of occasional or temporary services, and
(b) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).
(2B) Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—
(a) any such work which—
(i) is carried out on a temporary or occasional basis, and
(ii) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or
(b) any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children”.
(6) Also in paragraph 1—
(a) after sub-paragraph (6) insert—
“(6A) The exercise of a function of a controller appointed in respect of a child under Article 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4) is a regulated activity relating to children.”,
(b) omit sub-paragraph (7) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity), and
(c) after sub-paragraph (12) insert—
“(13) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.”
(7) In paragraph 2 (activities referred to in paragraph 1(1))—
(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),
(b) in sub-paragraph (2)—
(i) for “, (c) and (d)” substitute “and (c)”, and
(ii) omit paragraph (d), and
(c) after sub-paragraph (3) insert—
“(3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3B) Sub-paragraph (1)(b)—
(a) does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
(b) does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3C) Sub-paragraph (1)(c) does not include any legal advice.”
(8) Omit paragraph 4 (list of persons referred to in paragraph 1(7)).
(9) In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

Restriction of definition of vulnerable adults
2 (1) In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (interpretation of Order), in the first paragraph (2)—
(a) after the definition of “the 2003 Order” insert—
““adult” means a person who has attained the age of 18;”, and
(b) in the definition of “vulnerable adult”, for the words “must be construed in accordance with Article 3” substitute “means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided”.
(2) Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults
3 (1) Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity relating to vulnerable adults and the period condition) are amended as follows.
(2) For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—
“(1) Each of the following is a regulated activity relating to vulnerable adults—
(a) the provision to an adult of health care by, or under the direction or supervision of, a health care professional,
(b) the provision to an adult of relevant personal care,
(c) the provision by a social care worker of relevant social work to an adult who is a client or potential client,
(d) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability,
(e) any relevant assistance in the conduct of an adult’s own affairs,
(f) the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability,
(g) such activities—
(i) involving, or connected with, the provision of health care or relevant personal care to adults, and
(ii) not falling within any of the above paragraphs,
as are of a prescribed description.
(2) Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
(3) A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(3A) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid.
(3B) Relevant personal care means—
(a) physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with—
(i) eating or drinking (including the administration of parenteral nutrition),
(ii) toileting (including in relation to the process of menstruation),
(iii) washing or bathing,
(iv) dressing,
(v) oral care, or
(vi) the care of skin, hair or nails (other than nail care provided by a chiropodist or podiatrist),
(b) the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or
(c) any form of training, instruction, advice or guidance which—
(i) relates to the performance of any of the activities listed in paragraph (a),
(ii) is given to a person who is in need of it by reason of age, illness or disability, and
(iii) does not fall within paragraph (b).
(3C) Relevant social work has the meaning given by section 2(4) of the Health and Personal Social Services Act (Northern Ireland) 2001 and social care worker means a person who is a social care worker by virtue of section 2(2)(a) of that Act.
(3D) Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person—
(a) managing the person’s cash,
(b) paying the person’s bills,
(c) shopping.
(3E) Relevant assistance in the conduct of a person’s own affairs is anything done on behalf of the person by virtue of—
(a) an enduring power of attorney (within the meaning of the Enduring Powers of Attorney (Northern Ireland) Order 1987 (NI 16)) in respect of the person which is—
(i) registered in accordance with that Order, or
(ii) the subject of an application to be so registered,
(b) an order made under Article 99 or 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4) by the High Court in relation to the person or the person’s property or affairs, or
(c) the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration (Northern Ireland) Act 1992.”
(3) Omit paragraph 7(4) (certain activities in residential care or nursing homes to be regulated activity).
(4) In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “, (4)”.
(5) Omit paragraph 7(9) (functions of certain persons to be regulated activity).
(6) Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).
(7) In paragraph 10(2) (the period condition)—
(a) omit “or 7(1)(a), (b), (c), (d) or (g)”, and
(b) in paragraph (b), omit “or vulnerable adults (as the case may be)”.

Alteration of test for barring decisions
4 (1) For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (automatic inclusion of person to whom paragraph applies in children’s barred list) substitute—
“(2) If the Secretary of State has reason to believe that—
(a) this paragraph might apply to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to children,
the Secretary of State must refer the matter to ISA.
(3) If (whether or not on a reference under sub-paragraph (2)) ISA—
(a) is satisfied that this paragraph applies to a person, and
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,
it must include the person in the children’s barred list.”
(2) For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Order (inclusion of person to whom paragraph applies in children’s barred list with right to make representation afterwards) substitute—
“(2) If the Secretary of State has reason to believe that—
(a) this paragraph might apply to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to children,
the Secretary of State must refer the matter to ISA.
(3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA that—
(a) this paragraph applies to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to children.
(4) ISA must give the person the opportunity to make representations as to why the person should not be included in the children’s barred list.
(5) Sub-paragraph (6) applies if—
(a) the person does not make representations before the end of any time prescribed for the purpose, or
(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
(6) If ISA—
(a) is satisfied that this paragraph applies to the person, and
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,
it must include the person in the list.
(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
(8) If ISA—
(a) is satisfied that this paragraph applies to the person,
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
(c) is satisfied that it is appropriate to include the person in the children’s barred list,
it must include the person in the list.”
(3) In paragraph 3 of that Schedule to that Order (inclusion in children’s barred list on behaviour grounds)—
(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute “—
(i) has (at any time) engaged in relevant conduct, and
(ii) is or has been, or might in future be, engaged in regulated activity relating to children,”,
(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,”, and
(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.
(4) In paragraph 5 of that Schedule to that Order (inclusion in children’s barred list because of risk of harm)—
(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute “—
(i) falls within sub-paragraph (4), and
(ii) is or has been, or might in future be, engaged in regulated activity relating to children,”,
(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,”, and
(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.
(5) For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Order (automatic inclusion of person to whom paragraph applies in adults’ barred list) substitute—
“(2) If the Secretary of State has reason to believe that—
(a) this paragraph might apply to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
the Secretary of State must refer the matter to ISA.
(3) If (whether or not on a reference under sub-paragraph (2)) ISA—
(a) is satisfied that this paragraph applies to a person, and
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
it must include the person in the adults’ barred list.”
(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Order (inclusion of person to whom paragraph applies in adults’ barred list with right to make representation afterwards) substitute—
“(2) If the Secretary of State has reason to believe that—
(a) this paragraph might apply to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
the Secretary of State must refer the matter to ISA.
(3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA that—
(a) this paragraph applies to a person, and
(b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.
(4) ISA must give the person the opportunity to make representations as to why the person should not be included in the adults’ barred list.
(5) Sub-paragraph (6) applies if—
(a) the person does not make representations before the end of any time prescribed for the purpose, or
(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
(6) If ISA—
(a) is satisfied that this paragraph applies to the person, and
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
it must include the person in the list.
(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
(8) If ISA—
(a) is satisfied that this paragraph applies to the person,
(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
(c) is satisfied that it is appropriate to include the person in the adults’ barred list,
it must include the person in the list.”
(7) In paragraph 9 of that Schedule to that Order (inclusion in adults’ barred list on behaviour grounds)—
(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute “—
(i) has (at any time) engaged in relevant conduct, and
(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,”,
(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
“(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,”, and
(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.
(8) In paragraph 11 of that Schedule to that Order (inclusion in adults’ barred list because of risk of harm)—
(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute “—
(i) falls within sub-paragraph (4), and
(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,”,
(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
“(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,”, and
(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

Abolition of controlled activity
5 Omit Articles 25 to 27 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (controlled activity).

Abolition of monitoring
6 Omit Articles 28 to 31 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (monitoring).

Information for purposes of making barring decisions
7 (1) In paragraph 19 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (information required by ISA about persons to whom grounds for barring apply)—
(a) in sub-paragraph (1)—
(i) in paragraph (a) after “applies” insert “or appears to apply”,
(ii) in paragraph (b) for “apply” substitute “applies or appears to apply”, and
(iii) omit paragraph (d),
(b) in sub-paragraphs (2) and (3) for “thinks might” substitute “reasonably believes to”, and
(c) in sub-paragraph (6)—
(i) omit the words from “which” to “it is”, and
(ii) omit “or paragraph 20(2)”.
(2) In paragraph 20 of that Schedule to that Order (provision of information by Secretary of State to ISA) for sub-paragraph (3) substitute—
“(3) Where the Secretary of State is under a duty under paragraph 1, 2, 7 or 8 to refer a matter to ISA, the Secretary of State must provide to ISA any prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997) of a prescribed description which has been made available to the Secretary of State for the purposes of Part 5 of that Act.”

Review of barring decisions
8 After paragraph 18 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (power to apply for review of a person’s inclusion in a barred list) insert—
“18A (1) Sub-paragraph (2) applies if a person’s inclusion in a barred list is not subject to—
(a) a review under paragraph 18, or
(b) an application under that paragraph,
which has not yet been determined.
(2) ISA may, at any time, review the person’s inclusion in the list.
(3) On any such review, ISA may remove the person from the list if, and only if, it is satisfied that, in the light of—
(a) information which it did not have at the time of the person’s inclusion in the list,
(b) any change of circumstances relating to the person concerned, or
(c) any error by ISA,
it is not appropriate for the person to be included in the list.”

Information about barring decisions
9 (1) For Articles 32 to 34 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (provision of vetting information and information about cessation of monitoring) substitute—
“32A Provision of barring information on request
(1) The Secretary of State must provide a person (A) with the information mentioned in paragraph (3) in relation to another (B) if—
(a) A makes an application for the information and pays any fee payable in respect of the application,
(b) the application contains the appropriate declaration, and
(c) the Secretary of State has no reason to believe that the declaration is false.
(2) The appropriate declaration is a declaration by A—
(a) that A falls within column 1 of the table in Schedule 5 in relation to B,
(b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
(c) that B has consented to the provision of the information to A.
(3) The information is—
(a) if A’s declaration states that column 2 of the relevant entry refers to children, whether B is barred from regulated activity relating to children, and
(b) if A’s declaration states that column 2 of the relevant entry refers to vulnerable adults, whether B is barred from regulated activity relating to vulnerable adults.
(4) If B consents to the provision of information to A in relation to an application under this Article, the consent also has effect in relation to any subsequent such application by A.
(5) The Secretary of State may prescribe any fee payable in respect of an application under this Article.
(6) Fees received by the Secretary of State by virtue of this Article must be paid into the Consolidated Fund of the United Kingdom.
(7) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).
32B Provision of barring information on registration
(1) The Secretary of State must establish and maintain a register for the purposes of this Article.
(2) The Secretary of State must register a person (A) in relation to another (B) if—
(a) A makes an application to be registered in relation to B and pays any fee payable in respect of the application,
(b) the application contains the appropriate declaration, and
(c) the Secretary of State has no reason to believe that the declaration is false.
(3) The appropriate declaration is a declaration by A—
(a) that A falls within column 1 of the table in Schedule 5 in relation to B,
(b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
(c) that B has consented to the application.
(4) A’s application and registration relate—
(a) if A’s declaration states that column 2 of the relevant entry refers to children, to regulated activity relating to children;
(b) if A’s declaration states that column 2 of the relevant entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.
(5) The Secretary of State must notify A if B is barred from regulated activity to which A’s registration relates.
(6) The requirement under paragraph (5) is satisfied if notification is sent to any address recorded against A’s name in the register.
(7) If B consents to the provision of information to A under Article 32A, the consent also has effect as consent to any application by A to be registered in relation to B under this Article.
(8) The Secretary of State may prescribe any fee payable in respect of an application under this Article.
(9) Fees received by the Secretary of State by virtue of this Article must be paid into the Consolidated Fund of the United Kingdom.
(10) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).”
(2) In Article 35 of that Order (cessation of registration)—
(a) in paragraph (1) for “34” substitute “32B”,
(b) in paragraph (2) for “(6)” substitute “(5)”, and
(c) after paragraph (3) insert—
“(3A) Circumstances prescribed by virtue of paragraph (3) may, in particular, include that—
(a) the Secretary of State has asked the registered person (A) to make a renewed declaration within the prescribed period in relation to the person (B) in relation to whom A is registered, and
(b) either—
(i) A has failed to make the declaration within that period, or
(ii) A has made the declaration within that period but the Secretary of State has reason to believe that it is false.
(3B) A renewed declaration is a declaration by A—
(a) that A falls within column 1 of the table in Schedule 5 in relation to B,
(b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
(c) that B consents to the registration of A in relation to B.
(3C) If B consents to the provision of information to A under Article 32A, the consent also has effect as consent to the registration of A in relation to B.
(3D) Article 36 applies in relation to the making of a declaration in response to a request from the Secretary of State of the kind mentioned in paragraph (3A)(a) as it applies in relation to the making of a declaration in an application made for the purposes of Article 32B.”
(3) In Article 36 of that Order (declarations under Articles 32 and 34)—
(a) in the heading for “32 and 34” substitute “32A and 32B”, and
(b) in paragraph (1) for “32 or 34” substitute “32A or 32B”.
(4) Omit entry 19 in the table in paragraph 1 of Schedule 5 to that Order (power to add entries to the table).
(5) In paragraph 2 of Schedule 5 to that Order (power to amend entries in the table) for the words from “any” to the end substitute “this Schedule”.
(6) Omit paragraph 3(1)(b) of Schedule 5 to that Order (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.

Duty to check whether person barred
10 After Article 36 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (declarations relating to the provision of barring information) insert—
“36ZA Duty to check whether person barred
(1) A regulated activity provider who is considering whether to permit an individual (B) to engage in regulated activity relating to children or vulnerable adults must ascertain that B is not barred from the activity concerned before permitting B to engage in it.
(2) A personnel supplier who—
(a) is considering whether to supply an individual (B) to another (P), and
(b) knows, or has reason to believe, that P will make arrangements for B (if supplied) to engage in regulated activity relating to children or vulnerable adults,
must ascertain that B is not barred from the activity concerned before supplying B to P.
(3) A person is, in particular, to be treated as having met the duty in paragraph (1) or (2) if condition 1, 2 or 3 is met.
(4) Condition 1 is that the person has, within the prescribed period, been informed under Article 32A that B is not barred from the activity concerned.
(5) Condition 2 is that—
(a) the person has, within the prescribed period, checked a relevant enhanced criminal record certificate of B which has been obtained within that period, and
(b) the certificate does not show that B is barred from the activity concerned.
(6) Condition 3 is that—
(a) the person has, within the prescribed period, checked—
(i) a relevant enhanced criminal record certificate of B, and
(ii) up-date information given, within that period, under section 116A of the Police Act 1997 in relation to the certificate,
(b) the certificate does not show that B is barred from the activity concerned, and
(c) the up-date information is not advice to request B to apply for a new enhanced criminal record certificate.
(7) The Secretary of State may by regulations provide for—
(a) the duty under paragraph (1) not to apply in relation to persons of a prescribed description,
(b) the duty under paragraph (2) not to apply in relation to persons of a prescribed description.
(8) In this Article—
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997,
“relevant enhanced criminal record certificate” means—
(a) in the case of regulated activity relating to children, an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children, and
(b) in the case of regulated activity relating to vulnerable adults, an enhanced criminal record certificate which includes, by virtue of section 113BB of that Act, suitability information relating to vulnerable adults.”

Restrictions on duplication with barred lists in England and Wales and Scotland
11 (1) Before paragraph 6 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (restriction on inclusion in children’s barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
“5A (1) ISA must not include a person in the children’s barred list if ISA knows that the person is included in a corresponding list.
(2) ISA must remove a person from the children’s barred list if ISA knows that the person is included in a corresponding list.
(3) A corresponding list is a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the children’s barred list.”
(2) In paragraph 6(1)(a) of that Schedule to that Order—
(a) after “if” insert “ISA knows that”,
(b) after “authority” insert “—
(i) ”, and
(c) for the words from “(whether” to “list)” substitute “, and
(ii) has decided not to include the person in the list”.
(3) Before paragraph 12 of that Schedule to that Order (restriction on inclusion in adults’ barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
“11A (1) ISA must not include a person in the adults’ barred list if ISA knows that the person is included in a corresponding list.
(2) ISA must remove a person from the adults’ barred list if ISA knows that the person is included in a corresponding list.
(3) A corresponding list is a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the adults’ barred list.”
(4) In paragraph 12(1)(a) of that Schedule to that Order—
(a) after “if” insert “ISA knows that”,
(b) after “authority” insert “—
(i) ”, and
(c) for the words from “(whether” to “list)” substitute “, and
(ii) has decided not to include the person in the list”.

Professional bodies
12 (1) In Article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: duty to refer)—
(a) in paragraph (1)—
(i) for “must” substitute “may”, and
(ii) omit “prescribed”,
(b) in paragraph (4)—
(i) in sub-paragraph (a), for “engaged or may engage” substitute “or has been, or might in future be, engaged”,
(ii) also in sub-paragraph (a), omit “or controlled activity”, and
(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,
(c) omit paragraph (4A) to (4C),
(d) in paragraph (5) omit “prescribed”, and
(e) in the heading for “duty” substitute “power”.
(2) In Article 45 of that Order (registers: notice of barring etc.) for paragraphs (1) to (5) substitute—
“(1) Paragraph (2) applies if—
(a) ISA knows or thinks that a person (A) appears on a relevant register, and
(b) either—
(i) A is included in a barred list, or
(ii) ISA is aware that A is subject to a relevant disqualification.
(2) ISA must—
(a) notify the keeper of the register of the circumstances mentioned in paragraph (1)(b)(i) or (as the case may be) (ii), and
(b) in the case where A is included in a barred list, provide the keeper of the register with such of the information on which ISA relied in including A in the list as ISA considers—
(i) to be relevant to the exercise of any function of the keeper, and
(ii) otherwise appropriate to provide.
(3) Paragraph (4) applies if the keeper of a relevant register applies to ISA to ascertain in relation to a person (A) whether—
(a) A is included in a barred list, or
(b) ISA is aware that A is subject to a relevant disqualification.
(4) ISA must notify the keeper of the register as to whether the circumstances are as mentioned in paragraph (3)(a) or (as the case may be) (b).
(5) ISA may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as ISA considers appropriate.
(5A) Paragraph (5B) applies if—
(a) a keeper of a register has applied to the Secretary of State to be notified in relation to a person (A) if—
(i) A is included in a barred list, or
(ii) the Secretary of State is aware that A is subject to a relevant disqualification, and
(b) the application has not been withdrawn.
(5B) The Secretary of State must notify the keeper of the register if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii).
(5C) For the purposes of paragraph (5A)(b) an application is withdrawn if—
(a) the keeper of the register notifies the Secretary of State that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii) in relation to A, or
(b) the Secretary of State cancels the application on either of the following grounds—
(i) that the keeper has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii), or
(ii) that A neither appears in the register nor is being considered for inclusion in the register.
(5D) A keeper of a relevant register may apply for information under this Article, or to be notified under this Article, in relation to a person (A) only if—
(a) A appears in the register, or
(b) A is being considered for inclusion in the register.
(5E) The duties in paragraphs (2), (4) and (5B) do not apply if ISA or (as the case may be) the Secretary of State is satisfied that the keeper of the register already has the information concerned.
(5F) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.
(5G) In this Article relevant information is information—
(a) which—
(i) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
(ii) is relevant to the exercise of any function of the keeper of the register, but
(b) which is not—
(i) information that the circumstances are as mentioned in paragraph (1)(b)(i) or (ii) in relation to a person,
(ii) any information provided under paragraph (2)(b), or
(iii) information falling within paragraph 19(5) of Schedule 1.
(5H) The Secretary of State may by order amend paragraph (5G).”
(3) In the heading of Article 45 of that Order for “notice of barring and cessation of monitoring” substitute “provision of barring information to keepers of registers”.
(4) Omit Article 46 of that Order (registers: power to apply for vetting information).

Supervisory authorities
13 (1) In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—
(a) in paragraph (1)—
(i) for “must” substitute “may”, and
(ii) omit “prescribed”,
(b) in paragraph (4)—
(i) in sub-paragraph (a), for “engaged or may engage” substitute “or has been, or might in future be, engaged”,
(ii) also in sub-paragraph (a), omit “or controlled activity”, and
(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,
(c) in paragraph (5) omit “prescribed”,
(d) omit paragraph (6), and
(e) in the heading for “duty” substitute “power”.
(2) In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—
(a) in the heading for “vetting” substitute “certain barring”,
(b) in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ISA”,
(c) in paragraph (2) omit sub-paragraphs (b) to (e),
(d) in paragraph (3) omit sub-paragraphs (b) to (e),
(e) omit paragraph (5), and
(f) in paragraph (7) for “prescribe” substitute “determine”.
(3) In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—
(a) in paragraph (1)—
(i) for “This Article” substitute “Paragraph (2)”,
(ii) in sub-paragraph (a) omit “newly”,
(iii) at the end of sub-paragraph (a) insert “or”,
(iv) in sub-paragraph (b) for “becomes” substitute “is”, and
(v) omit sub-paragraph (c) and the word “or” before it,
(b) in paragraph (2) for “, (b) or (c)” substitute “or (b)”,
(c) after paragraph (2) insert—
“(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,
(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,
(e) in paragraph (5)—
(i) after “withdrawn if” insert “—”, and
(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,
(f) also in paragraph (5), at the end, insert “, or
(b) the Secretary of State cancels the application on either of the following grounds—
(i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
(ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and
(g) in paragraph (8) for “prescribe” substitute “determine”.
(4) In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—
(a) in paragraph (1)—
(i) for “This Article” substitute “Paragraph (2)”,
(ii) in sub-paragraph (a) omit “newly”,
(iii) at the end of sub-paragraph (a) insert “or”,
(iv) in sub-paragraph (b) for “becomes” substitute “is”, and
(v) omit sub-paragraph (c) and the word “or” before it,
(b) in paragraph (2) for “, (b) or (c)” substitute “or (b)”,
(c) after paragraph (2) insert—
“(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,
(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,
(e) in paragraph (5)—
(i) after “withdrawn if” insert “—”, and
(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,
(f) also in paragraph (5), at the end, insert “, or
(b) the Secretary of State cancels the application on either of the following grounds—
(i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
(ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and
(g) in paragraph (8) for “prescribe” substitute “determine”.
(5) In Article 52 of that Order (provision of information to supervisory authorities)—
(a) in paragraph (2) for “must” substitute “may (whether on an application by the authority or otherwise)”,
(b) in paragraph (3)—
(i) in sub-paragraph (b), after “the authority” insert “which is mentioned in Article 47(7)”, and
(ii) for the words from “or information” to “occurred” substitute “or of any circumstance mentioned in Article 50(1) or 51(1)”, and
(c) after paragraph (3) insert—
“(4) A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7).
(5) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.”

Minor amendments
14 (1) Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced, would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 in connection with the notification of proposals to include persons in barred lists).
(2) After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity providers) insert—
“(8A) An authority that is an authority for the purposes of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or Article 18C of the Children Order (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section or Article.”
(3) In Article 41 of the Order of 2007 (education and library boards and HSC bodies: duty to refer)—
(a) in paragraph (1)—
(i) for “must” substitute “may”, and
(ii) omit “prescribed”,
(b) in paragraph (4)—
(i) in sub-paragraph (a), for “engaged or may engage” substitute “or has been, or might in future be, engaged”,
(ii) also in sub-paragraph (a), omit “or controlled activity”, and
(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,
(c) in paragraph (5) omit “prescribed”, and
(d) in the heading for “duty” substitute “power”.
(4) In Article 52A(1) of that Order (power for ISA to provide information to the police for use for certain purposes)—
(a) for the words “or the chief constable of a police force in England, Wales or Scotland” substitute “, a chief officer of police or the chief constable of a police force in Scotland”, and
(b) after sub-paragraph (b), insert—
“(c) the appointment of persons who are under the direction and control of the chief constable or (as the case may be) chief officer;
(d) any prescribed purpose”.
(5) After Article 52A(1) of that Order insert—
“(1A) ISA must, for use for any of the purposes mentioned in paragraph (1), provide to any chief constable or chief officer mentioned in that paragraph who has requested it information as to whether a person is barred.
(1B) ISA may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which ISA reasonably believes to be relevant to that authority.
(1C) ISA must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a person is barred.
(1D) In this Article “relevant authority” means—
(a) the Department of Justice, exercising functions in relation to prisons and youth justice,
(b) the Probation Board for Northern Ireland, or
(c) an HSC body.”’.—(James Brokenshire.)

Brought up, read the First and Second time, and added to the Bill.

New Schedule 2

Membership
1 (1) DBS is to consist of—
(a) a person who has the function of chairing DBS, and
(b) such number of other members as the Secretary of State decides.
(2) A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an appointed member”) is be appointed by the Secretary of State.
(3) In appointing any such person, the Secretary of State must have regard to the desirability of ensuring that at least some of the appointed members of DBS are persons who appear to the Secretary of State to have knowledge or experience of an aspect of child protection or the protection of vulnerable adults.
(4) The Secretary of State must consult the Welsh Ministers and a Northern Ireland Minister before making any appointment under this paragraph.
(5) In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister and deputy First Minister in Northern Ireland.

Terms of appointment of members
2 (1) Subject as follows, an appointed member holds and vacates office in accordance with the terms of appointment.
(2) A period of appointment may not exceed 5 years.
(3) An appointed member may resign by giving notice in writing to the Secretary of State.
(4) The Secretary of State may by notice in writing remove an appointed member who—
(a) has, without reasonable excuse, failed, for a continuous period of three months, to carry out the person’s functions,
(b) has been convicted (whether before or after the person’s appointment) of a criminal offence,
(c) is an undischarged bankrupt, or whose estate has been sequestrated and the person has not been discharged,
(d) is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 or an order to similar effect made under any corresponding enactment in force in Scotland or Northern Ireland,
(e) has made a composition or arrangement with, or granted a trust deed for, the person’s creditors,
(f) has failed to comply with the terms of the person’s appointment, or
(g) is otherwise unable or unfit to carry out the person’s functions.
(5) A person who ceases to be an appointed member is eligible for re-appointment unless the cessation is by virtue of sub-paragraph (4).

Remuneration etc: members
3 (1) DBS may pay to the person who has the function of chairing it and each of the other appointed members such remuneration and such allowances as the Secretary of State may decide.
(2) Sub-paragraph (3) applies if—
(a) a person ceases to be an appointed member of DBS, and
(b) the Secretary of State considers that there are special circumstances which make it right for the person to receive compensation.
(3) The Secretary of State may require DBS to pay the person such amount as the Secretary of State may decide.

Staff
4 (1) DBS must appoint a person to be chief executive.
(2) The period of appointment must not exceed 5 years (but a person may be re-appointed).
(3) DBS must consult the Secretary of State before appointing a chief executive.
(4) The person who has the function of chairing DBS may, with the approval of the Secretary of State, be appointed as chief executive.
(5) The chief executive is an employee of DBS.
(6) DBS may appoint such number of other staff as it considers appropriate.
(7) DBS may make arrangements for persons to be seconded to DBS to serve as members of its staff.
(8) A member of a police force on temporary service with DBS is to be under the direction and control of DBS.

Remuneration, pensions etc of staff
5 (1) DBS may pay to its staff such remuneration and such allowances as it may, with the approval of the Secretary of State, decide.
(2) DBS may—
(a) pay such pensions, allowances or gratuities to or in respect of any member of staff or former member of staff, or
(b) pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any member of staff or former member of staff,
as it may, with the approval of the Secretary of State, decide.
(3) Employment with DBS is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place—
(4) DBS must pay to the Minister for the Civil Service, at such times as the Minister may direct in writing, such sums as the Minister may decide in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Act of 1972.

Delegation of functions
6 DBS may, to such extent as it may decide, delegate any of its functions to—
(a) any of its appointed members,
(b) a member of its staff,
(c) a committee consisting of any of its appointed members, members of its staff or both appointed members and members of staff.
7 DBS may, to such extent as it may decide, delegate any of its functions, other than a core function, to—
(a) a person who is neither an appointed member nor a member of staff,
(b) a committee (including a committee which comprises or includes persons who are neither appointed members nor members of staff).
8 (1) In this Schedule a core function is—
(a) deciding whether it is appropriate for a person to be included in a barred list under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)),
(b) deciding whether to remove a person from such a list,
(c) considering representations made for the purposes of Schedule 3 to that Act or (as the case may be) Schedule 1 to that Order, or
(d) any function under, or in connection with, Part 5 of the Police Act 1997 which is specified for this purpose in an order made by the Secretary of State.
(2) An order under sub-paragraph (1)(d) is to be made by statutory instrument which is to be subject to annulment in pursuance of a resolution of either House of Parliament.

Business plans
9 (1) As soon as possible after the beginning of each financial year, DBS must issue a business plan in relation to the proposed exercise of its functions during that year.
(2) DBS must consult the Secretary of State before issuing the plan.
(3) DBS must arrange for the plan to be published in such manner as it considers appropriate.
(4) In this Schedule “financial year” is—
(a) the period—
(i) starting with the day on which DBS is established, and
(ii) ending with the next 31st March or, if the period ending with that date is 3 months or less, ending with the next 31st March after that date, and
(b) each succeeding period of 12 months.

Reports
10 (1) As soon as possible after the end of each financial year, DBS must issue a report on the exercise of its functions during that year.
(2) DBS must arrange for the report to be published in such manner as it considers appropriate.

Funding
11 The Secretary of State may make payments to DBS of such amounts, at such times and on such conditions (if any), as the Secretary of State considers appropriate.

Accounts
12 (1) DBS must keep its accounts in such form as the Secretary of State decides.
(2) DBS must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.
(3) Before the end of the specified period following the end of each financial year to which the annual accounts relate DBS must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on the annual accounts, and
(b) send a copy of the certified accounts and of the report to the Secretary of State.
(5) The Secretary of State must lay before Parliament each document received under sub-paragraph (4)(b).
(6) The specified period is such period as the Secretary of State directs in writing.

Guidance
13 (1) The Secretary of State may, from time to time, issue guidance in writing to DBS in relation to the exercise of any of its functions.
(2) DBS must have regard to any such guidance before exercising any function to which it relates.

Directions
14 (1) The Secretary of State may give directions in writing to DBS in relation to the exercise of any of its functions other than a core function mentioned in paragraph 8(1)(a), (b) or (c).
(2) The Secretary of State may vary or revoke any such directions.
(3) DBS must comply with any directions given under this paragraph.

Status
15 (1) DBS is not to be regarded—
(a) as a servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.
(2) DBS’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Payments in connection with maladministration
16 (1) Sub-paragraph (2) applies if DBS considers—
(a) that action taken by or on behalf of DBS amounts to maladministration, and
(b) that a person has been adversely affected by the action.
(2) DBS may, with the approval of the Secretary of State, make such payment (if any) to the person as it considers appropriate.
(3) In sub-paragraph (1) “action” includes failure to act.

Incidental powers
17 (1) In connection with the exercise of any of its functions DBS may—
(a) enter into contracts and other agreements (whether legally binding or not),
(b) acquire and dispose of property (including land),
(c) borrow money,
(d) do such other things as DBS considers necessary or expedient.
(2) The power conferred by sub-paragraph (1)(b) includes accepting—
(a) gifts of money, and
(b) gifts or loans of other property,
on such terms as DBS considers appropriate.
(3) But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the approval of the Secretary of State.
(4) Such approval may be given—
(a) with respect to a particular case or with respect to a class of cases,
(b) subject to such conditions as the Secretary of State considers appropriate.

Documents
18 A document purporting to be signed on behalf of DBS is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional
19 (1) The Secretary of State (instead of DBS) may—
(a) appoint the first chief executive, and
(b) decide the terms and conditions of service as an employee of DBS which are applicable to the first chief executive on appointment.
(2) The period of any such appointment must not exceed 5 years (but the person may be re-appointed under paragraph 4).
(3) The person who has the function of chairing DBS may be appointed as chief executive by the Secretary of State under this paragraph .’.—(James Brokenshire.)

Brought up, read the First and Second time, and added to the Bill.

Title

Amendment made: 241, title,line10, leave out ‘amend the Safeguarding Vulnerable Groups Act 2006; to make provision about criminal records’ and insert ‘make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority’.—(Lynne Featherstone.)

Bill, as amended, to be reported.

James Brokenshire: On a point of order, Mr Caton. May I thank you, on behalf of the whole Committee, for your chairmanship of the Bill, together with your co-Chair, Mr Streeter? The Bill Committee has been well organised and well run by the officials; I shall say more on that shortly.
We have had a good, thorough and full debate on the Bill. I am pleased that we have had good time in which to consider all the new clauses, so that the Bill itself, and any other issues that hon. Members may wish to use the Committee for, have been considered. That has been helpful and positive. There has been the opportunity for detailed questioning and detailed scrutiny of Ministers, as well as of the witnesses that we had at the evidence sessions. The thing that has characterised this Committee is that it has been good-natured. There have been points of difference, debates and real issues of principle at times, which have been argued firmly, but we have been able to articulate those differences in a way that gives credit to this process and the House as well. There have been differences of opinion, but hon. Members have been able to articulate them firmly and fairly.
The only moment where it slipped was when my hon. Friend the Member for Wycombe was described as pointy-headed, which was an uncharacteristic slip in our good-natured debate. It was prompted, however, by the learned legal counsel that I would be wise not to question too much.
I also thank the Opposition for the approach they have taken on the Bill. I pass on my best wishes to the hon. Member for Gedling, who I know could not be here today because of other important business. I thank him and other Members on the Opposition Front Bench for the way in which they have scrutinised the Bill. I look forward to continuing the debates on a number of issues when the Bill progresses further. I also thank other hon. Members on the Opposition side for their contributions and for some useful and important debates around the Bill and other connected matters.
I thank my hon. Friend the Minister for Equalities for her sterling support of me and for all her hard work in taking forward a number of very important parts of the Bill. I thank her for everything she has done on the Bill and for being able to make those points during the course of our consideration, even though I know that, at times, she handled a spectacle malfunction very effectively. I am pleased to see her spectacles have been restored to good order.
I thank the Opposition Whip and my own Whip, my hon. Friend the Member for Kenilworth and Southam, for keeping us all, generally speaking, in the right place. I thank my hon. Friend for all his work. I am grateful for the silent participation of my hon. Friend the Member for South Swindon and for all his quiet support behind the scenes. I am grateful for all the support I have received from my hon. Friends on this side of the Committee during our debates. It would be remiss of me if I did not say that we all wish my hon. Friend the Member for Hexham a speedy recovery back to full health.
I thank all my Home Office officials for all their hard work in preparing and supporting the ministerial team, but also for the time they have spent providing briefings to other hon. Members, to aid the consideration of some of the very detailed provisions of the Bill. I also thank the Clerks, who have provided good support to hon. Members, keeping all the paperwork and the submissions in train and assisting hon. Members in preparation, the Hansard reporters for ensuring that our words are properly distilled down, and the Doorkeepers. I pass on my best wishes to you, Mr Caton, and to you, Mr Streeter, for the way you have chaired these sittings.
This is an important Bill; it gives effect to a number of coalition commitments, it gives greater freedoms for individuals and it has been an opportunity for us to examine other ways of engaging the public, through the Public Reading stage. I wrote to hon. Members about the pilot we are doing here and certainly I would welcome, as I know the Leader of the House would welcome, comments on the way this has proceeded and improvements that might be brought about. I certainly look forward to taking the Bill into Report, to continue a number of debates that we have had in Committee and develop some of them further, to give effect to the important intentions behind the Bill and to deliver on the protection of freedoms that this Government wish to see.

Clive Efford: Further to that point of order, Mr Caton. Normally this part of the proceedings would be carried out by our senior partner, my hon. Friend the Member for Gedling, but unfortunately his duties have taken him away from the House and he cannot be here for the finish, but I pass on thanks on his behalf to all the Opposition Members—we are going to do a bit of a double act. I, too, thank the Clerks, officials, Hansard reporters, Doorkeepers and everyone who has helped to support us in our duties in considering the Bill in this Committee. I thank my hon. Friends for staying awake during some of our debates.
May I just say that the hon. Member for Wycombe did take the pointy-headed thing on himself? I was making a generic comment to pointy-heads everywhere, but it was something he seemed to take on board quite willingly. I genuinely thank the Ministers; I thought they took us tantalisingly close to getting one vote on new clause 7. I do not know what they have against the innocent parkers, that they should not have decent signage when they try to find somewhere to park. Maybe we can return to that issue.
The Minister said that this has been a good-natured Committee and I think it has. As I have said before, he is my neighbour down in south-east London and although he is the new kid on the block down there, we are mightily proud of him and watching his progress very closely indeed. He is cultivating that “first day at secondary school” look; I imagine that his haircut has never come down beyond the collar of his shirt, and that he had a shiny briefcase, homework all done, with his papers neatly arrayed. He has made that look entirely his own.

James Brokenshire: What was the hon. Gentleman’s look, then?

Clive Efford: I was just coming to that. It is not something that I have perfected, but my relationship with homework, I suspect, was a little more loose. However, the Minister has conducted his affairs with his usual good nature, and we thank him for that. We also join him in sending the hon. Member for Hexham our very best wishes.
We are looking forward to our new-found freedom now that the Committee has come to an end. I no longer have to sit here all day waiting for the words, “I beg to move that the Committee do now adjourn”. With that, Mr Caton, please pass on our best wishes to Mr Streeter, and I thank everyone who has assisted us in our deliberations. I will leave the final words to my hon. Friend.

Diana Johnson: Further to that point of order, Mr Caton. Thank you. I take on board what my hon. Friend was saying about our freedom being tantalisingly close, so I will be brief.
I want to say a big thank you to the officials, especially on the vetting and barring side of the Bill, which was complicated. I also want to thank the Minister for Equalities, who I have known for quite a while. We served on the Greater London authority for a short period together, and I have watched her career development with interest. I note that there are only two Liberal Democrat Ministers in the coalition Government, and with potential vacancies, it seems, appearing in the near future, I will watch her rise with particular interest over the next few weeks and months.

Jim Shannon: As a Member for Northern Ireland, I want to thank the Government for their inclusion of all the information on Northern Ireland, and for the discussions that we have had from across the sheugh, so to speak. It was good to have that interaction, and to have a clear relationship between the Northern Ireland Assembly and Westminster. I am very pleased to be part of that, and I am pleased to convey that to the Northern Ireland Assembly and to put that on record.
I also want to thank all Members for their wit and humour—and seriousness, when it was needed. As I said to the hon. Member for Kingston upon Hull North, “When it comes to these votes, I feel a bit like one of the 300 Spartans. We’ll get a hiding, but we’re going to hold on anyway.” I thought that we got one on numerous occasions, but none the less, I want to thank everyone in government and in opposition for their kindness and comradeship.

Committee rose.